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SimSurfing (DL)

Please Read SOFTWARE LICENSE AGREEMENT before download.

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE AND/OR DOWNROAD THE SOFTWARE. USING AND/OR DOWNROADING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IN THE EVENT THAT YOU BEGIN TO USE THE SOFTWARE, YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT.

SOFTWARE LICENSE AGREEMENT

1. LICENSE

Murata Manufacturing Company, Ltd. ("Murata") grants you a limited, nonexclusive license to use the downloaded software program (s) (the "Software") subject to the terms and restrictions set forth in this License Agreement. You are not permitted to use the Software in any manner not expressly authorized by this License Agreement. You acknowledge and agree that the ownership and all intellectual property rights (including but not limited to copyright, patent, trade name, know-how and trade secret) of the Software are held by Murata or Murata's licensor. Use of the Software is subject to certain system requirements.

2. NO ASSIGNMENT

You shall not sublicense, assign or transfer the license or the Software except as expressly provided in this License Agreement. Any attempt otherwise to sublicense, assign or transfer any of rights, duties or obligations hereunder shall be void.

3. MODIFICATION

4. LIMITED WARRANTY

The Software is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.

5. LIMITATIONS OF LIABILITY

In no event shall Murata be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use the Software even if Murata has been advised of the possibility of such damages, or for any claim by any other party.

6. INDEMNIFICATION

In the event that you breach any term or condition of this License Agreement, you shall indemnify Murata from any and all losses, damages, costs and expenses incurred by Murata arising out of the such breach.

7. CONFIDENTIALITY

You shall not disclose the Software to any third party without the prior written consent of Murata.

8. EXPORT RESTRICTIONS

You agree that you will not export or re-export the Software or accompanying documentation (or any copies thereof) or any products utilizing the Software or such documentation in violation of any applicable laws or regulations of the United States or the country in which you obtained them.

9. TERM AND TERMINATION

This License Agreement is effective until terminated. It shall terminate immediately if you fail to comply with any term or condition of this License Agreement. Upon such termination you agree to destroy the Software and documentation and provide the certificate of such destruction to Murata.

10. SURVIVAL

11. GOVERNING LAW

This License Agreement shall be governed by the laws of Japan.

12. SEVERABILITY

In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.

13. ENTIRE AGREEMENT

This License Agreement sets forth the entire agreement between you and Murata, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.